Groundwater Indirect Discharges and CWA Regulation: Permitting Requirements in Light of Circuit Court Split
Ramifications of County of Maui v. Hawaii Wildlife Fund: Pending Supreme Court Review
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the "indirect discharge" theory of Clean Water Act (CWA) liability, its disparate treatment by federal appellate courts and the U.S. Supreme Court's decision to review County of Maui, Hawai'i. v. Hawai'i Wildlife Fund--and the ramifications of potential resolution. The program will discuss and debate critical issues, the current state of the law, predictions for U.S. Supreme Court resolution, and implications for the regulated community.
- Overview of CWA and groundwater discharge issues
- Key issues involved
- Circuit decisions and upcoming high court review
- Practical considerations in counseling clients
- Predictions and strategy
The panel will review these and other relevant topics:
- Does the CWA require a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater?
- Does the CWA prohibit the release of pollutants from a source when they eventually enter surface waters through groundwater migration?
- Absent CWA regulation, what laws apply to curtail contamination of such pollutants?
- What are the key questions of statutory construction in interpreting Section 402?
- What is the current state of the law?
- What are the implications for the regulated community?
- What are the best strategies for counseling clients to avoid civil penalties and criminal punishment?
Sarah Peterman Bell
Farella Braun + Martel
Ms. Bell focuses her practice on environmental and natural resources litigation and counseling in environmental... | Read More
Ms. Bell focuses her practice on environmental and natural resources litigation and counseling in environmental enforcement actions, cost recovery litigation, citizen suits, complex toxic tort litigation, water quality litigation, product liability litigation, private attorneys general actions, and administrative proceedings. She advises clients with regulatory compliance and project development, including representation in permit proceedings. She has experience in counseling, litigation and alternative dispute resolution under major federal and state environmental statutes.Close
Amanda Shafer Berman
Crowell & Moring
Ms. Berman draws on her extensive appellate and district court experience to achieve the best possible outcome for... | Read More
Ms. Berman draws on her extensive appellate and district court experience to achieve the best possible outcome for clients in a wide variety of litigation, including cases arising under environmental statutes. Prior to joining the firm she served as a senior attorney in the DOJ’s Environmental Defense Section. She briefed and argued over a dozen cases in the federal courts of appeal, winning all matters in which a decision was rendered. Ms. Berman was also lead counsel for the government in dozens of district court matters arising under the CAA, CWA, CERCLA, and other statutes. She achieved successful outcomes for federal clients, including the Department of Defense and EPA through motions practice, trial, and settlement negotiations, setting internal records and making new precedent in several instances.Close
Wilmer Cutler Pickering Hale and Dorr
Ms. Jacobson advises clients facing complex challenges related to compliance with state and federal environmental laws,... | Read More
Ms. Jacobson advises clients facing complex challenges related to compliance with state and federal environmental laws, Superfund cleanup, natural resource damages, endangered species and wildlife management, land use, and energy development. As a seasoned litigator, Ms. Jacobson has worked throughout her career with several federal agencies, states and tribes on a range of issues, from oil spills and mining cleanup to water rights settlements. Ms. Jacobson joined the firm following more than two decades in the federal government, where she handled some of the largest environmental cases in U.S. history and held senior positions at the U.S. Department of Justice, Department of the Interior and Department of Defense.Close